The mother accused of suffocating her toddler and burying him in Albuquerque's Alvarado Park said she tried to get help from police the night before his death.

But Albuquerque Police Chief Ray Schultz said the civilian employee who met with Tiffany Toribio the night before Tyrus' death did everything by the book to offer her help.

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"There were no signs of abuse, no statement from her that she was going to hurt herself or the child," Schultz said. "All she did was make an inquiry into services. She was offered those services and she declined them."

But Toribio's attorney said that's not what her client told her.

"She told them she could not care for her child," defense attorney Lelia Hood said. "She had no food, she had nowhere to go and no services were offered."

Hood pointed to state laws and APD procedures that require police to remove a child if they believe a child is in danger.

She said she feels police dropped the ball.

"He's the chief of police but I don't think in America we let 2 to 3-year-old children sleep in parks with their mothers who are homeless," Hood said.

"There is only one person responsible for this case and that's Tiffany Toribio," Schultz said. "If she doesn't take responsibility, nor her attorney wants her to take responsibility for her actions, God help us."

There is a way to determine what Toribio told police about the mall substation visit.

That is to release that portion of the police video of her interrogation by detectives the night of her arrest.

So far police have declined to do that, citing an ongoing investigation.